Section 40.06 - Form and Content of Marketing Method(1) A marketing method for an insured health plan shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether a marketing method has a capacity or tendency to mislead or deceive shall be determined by the Commissioner of Insurance from the overall impression that the marketing method may be reasonably expected to create upon a person of average education or intelligence, within the segment of the public to which it is directed.(2) Marketing methods shall be truthful and not misleading in fact or in implication. Persons using words or phrases, whose meanings are only understood by implication or by familiarity with insurance terminology, shall be considered misleading. In determining whether a marketing method has the capacity or tendency to mislead, the Commissioner of Insurance may consider as misleading the failure to disclose to a purchaser or a prospective purchaser any fact, the disclosure of which may have influenced the purchaser or prospective purchaser not to enter into the transaction.